AB48,1,4 1An Act to create 895.45 of the statutes; relating to: actions against sport
2shooting range owners or operators, against gun or sportsmen's clubs, and
3against manufacturers, importers, trade associations, or dealers of firearms,
4firearm components, or firearm ammunition.
Analysis by the Legislative Reference Bureau
This bill prohibits the state, cities, villages, towns, counties, and school
districts, and departments, divisions, boards, and agencies of these units of
government, from bringing an action against a person who imports, manufactures,
or deals in firearms, firearm components, or firearm ammunition or against a
firearm trade association, gun or sportsman's club, or sport shooting range owner or
operator, under a nuisance theory or for damages or injunctive relief relating to the
design, distribution, manufacture, marketing, or sale of firearms, firearm
components, or firearm ammunition. The bill does not prevent these units of
government from suing the importers, manufacturers, dealers, trade associations,
clubs, or ranges for a breach of a warranty or contract for firearms, firearm
components, or firearm ammunition purchased by the unit of government or for the
design, distribution, manufacture, marketing, or sale of firearms, firearm
components, or firearm ammunition in violation of a state or federal law that could
result in a civil or criminal penalty.
The bill grants firearm importers, manufacturers, dealers, and trade
associations immunity from civil liability in any action brought by an individual or
group for an injury or death caused by a firearm, firearm component, or firearm

ammunition. Immunity from civil liability is granted also to gun or sportsman's
clubs and sport shooting range owners or operators for an injury or death caused by
a firearm, firearm component, or firearm ammunition if the action is based on the
club's or range's participation in the distribution, marketing, sale, or other transfer
of a firearm, firearm component, or firearm ammunition.
These immunities do not apply if the injury or death was caused by any of the
following:
1. A defect in the workmanship or materials of a firearm, firearm component,
or firearm ammunition.
2. A firearm, firearm component, or firearm ammunition that was
manufactured or sold in violation of a state or federal law that could result in a civil
or criminal penalty.
3. The negligent handling of a firearm, firearm component, or firearm
ammunition if the negligent handling was by a firearm importer, manufacturer,
dealer, or trade association, gun or sportsman's club, or sport shooting range owner
or operator in actual physical possession of the firearm, firearm component, or
firearm ammunition.
4. A firearm, firearm component, or firearm ammunition that a firearm
importer, manufacturer, dealer, or trade association, gun or sportsman's club, or
sport shooting range owner or operator used in violation of a state or federal law that
could result in a civil or criminal penalty or used while committing another act that
violates a state or federal law that could result in a civil or criminal penalty.
The bill also prohibits a person from bringing an action for an injunction
against a firearm importer, manufacturer, dealer, or trade association, gun or
sportsman's club, or sport shooting range owner or operator in any action for an
injury or death caused by a firearm, firearm component, or firearm ammunition.
This prohibition does not apply if the injury or death was caused by any of the
following:
1. A defect in the workmanship or materials of a firearm, firearm component,
or firearm ammunition.
2. A firearm, firearm component, or firearm ammunition that was
manufactured or sold in violation of a state or federal law that could result in a civil
or criminal penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB48, s. 1 1Section 1. 895.45 of the statutes is created to read:
AB48,2,4 2895.45 Actions against sport shooting range owners or operators, gun
3or sportsmen's clubs, firearm or firearm ammunition dealers, or firearm
4trade associations.
(1) In this section:
AB48,3,1
1(a) "Firearm" means a weapon that acts by force of gunpowder.
AB48,3,52 (b) "Firearm dealer" means any person engaged in the business of importing,
3manufacturing, or dealing in firearms or firearm components and having a license
4as an importer, manufacturer, or dealer issued by the U.S. department of the
5treasury.
AB48,3,76 (c) "Firearm trade association" means a national or statewide trade association
7that derives income from membership dues of firearm dealers.
AB48,3,98 (d) "Local governmental unit" means a city, village, town, county, or school
9district.
AB48,3,1010 (e) "Sport shooting range" has the meaning given in s. 895.527 (1).
AB48,3,17 11(2) The state, a local governmental unit, and every department, division,
12board, or agency of the state or of a local governmental unit, may not bring an action
13or proceeding against a firearm dealer, a firearm trade association, a manufacturer,
14importer, or dealer of firearm ammunition, a gun or sportsman's club, or a sport
15shooting range owner or operator for damages resulting from, or injunctive relief
16relating to, the design, distribution, manufacture, marketing, or sale of firearms,
17firearm components, or firearm ammunition or under any nuisance theory.
AB48,3,21 18(3) Subsection (2) does not prohibit the state, a local governmental unit, or a
19department, division, board, or agency of the state or of a local governmental unit,
20from bringing an action or proceeding against a firearm dealer, a firearm trade
21association, or a manufacturer, importer, or dealer of firearm ammunition:
AB48,3,2422 (a) For breach of contract or warranty as to a firearm, firearm component, or
23firearm ammunition purchased by the state, by a local governmental unit, or by a
24department, division, board, or agency of the state or of a local governmental unit.
AB48,4,11
1(b) Related to a firearm, firearm component, or firearm ammunition that was
2designed, distributed, manufactured, marketed, or sold in violation of a state or
3federal law that could result in a criminal penalty or civil forfeiture. An action or
4proceeding that is permitted under this paragraph may be brought only against a
5person who violated a state or federal law that could result in a criminal penalty or
6civil forfeiture and only if the harm giving rise to the action or proceeding was
7proximately caused by the person's violation of a state or federal law that could result
8in a criminal penalty or civil forfeiture. The fact that a firearm, firearm component,
9or firearm ammunition was designed, distributed, manufactured, or sold in violation
10of a state or federal law that could result in a criminal penalty or civil forfeiture must
11be shown by clear and convincing evidence.
AB48,4,13 12(4) The court shall dismiss any action or proceeding commenced or pending
13that is prohibited by sub. (2).
AB48,4,17 14(5) (a) 1. A firearm dealer, a firearm trade association, or a manufacturer,
15importer, or dealer of firearm ammunition is immune from civil liability in any action
16or proceeding brought by an individual or group for an injury or death caused by a
17firearm, a firearm component, or firearm ammunition.
AB48,4,2418 2. A gun or sportsmen's club or a sport shooting range owner or operator is
19immune from civil liability in any action or proceeding that is brought by an
20individual or group for an injury or death caused by a firearm, firearm component,
21or firearm ammunition, if the action or proceeding is based on the participation by
22the gun or sportsmen's club or the sport shooting range owner or operator in the
23distribution, marketing, sale, or other transfer of the firearm, firearm component,
24or ammunition.
AB48,5,4
1(b) 1. No injunctive relief may be granted against a firearm dealer, a firearm
2trade association, or a manufacturer, importer, or dealer of firearm ammunition in
3any action or proceeding brought by an individual or group for an injury or death
4caused by a firearm, a firearm component, or firearm ammunition.
AB48,5,115 2. No injunctive relief may be granted against a gun or sportsmen's club or
6against a sport shooting range owner or operator in any action or proceeding brought
7by an individual or group for an injury or death caused by a firearm, a firearm
8component, or firearm ammunition, if the action or proceeding is based on the
9participation by the gun or sportsmen's club or the sport shooting range owner or
10operator in the distribution, marketing, sale, or other transfer of the firearm, firearm
11component, or ammunition.
AB48,5,1212 (c) The immunity under par. (a) does not apply to any of the following:
AB48,5,1713 1. An injury or death caused by the negligent handling of a firearm, a firearm
14component, or firearm ammunition by an individual covered under par. (a) if, at the
15time of the act or omission that constitutes the negligent handling, the individual is
16in actual physical possession of the firearm, firearm component, or firearm
17ammunition.
AB48,5,2218 2. An injury or death caused by a firearm, a firearm component, or firearm
19ammunition that an individual covered under par. (a) uses in violation of a state or
20federal law that could result in a criminal penalty or civil forfeiture or that an
21individual covered under par. (a) uses while committing another act that violates a
22state or federal law that could result in a criminal penalty or civil forfeiture.
AB48,5,2423 (d) The immunity under par. (a) and the prohibition under par. (b) do not apply
24to any of the following:
AB48,6,2
11. An injury or death that was caused by a defect in the workmanship or
2materials of a firearm, a firearm component, or firearm ammunition.
AB48,6,133 2. An injury or death that was caused by a firearm, firearm component, or
4firearm ammunition that was manufactured or sold in violation of a state or federal
5law that could result in a criminal penalty or civil forfeiture. An action or proceeding
6that is permitted under this subdivision may be brought only against a person who
7violated a state or federal law that could result in a criminal penalty or civil forfeiture
8and only if the harm giving rise to the action or proceeding was proximately caused
9by the person's violation of a state or federal law that could result in a criminal
10penalty or civil forfeiture. The fact that the firearm, firearm component, or firearm
11ammunition was manufactured or sold in violation of a state or federal law that could
12result in a criminal penalty or civil forfeiture must be shown by clear and convincing
13evidence.
AB48, s. 2 14Section 2. Initial applicability.
AB48,6,1615 (1) The treatment of section 895.45 (5) of the statutes first applies to actions
16or proceedings commenced on the effective date of this subsection.
AB48,6,1717 (End)
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